ICC chief prosecutor: It is in Israel and Palestine's best interest to cooperate

The International Criminal Court may investigate and prosecute those holding lower-level positions if they find that they committed war crimes, but not senior officers, Chief Prosecutor Fatou Bensouda said.

She added: “It is in Israel and Palestine’s best interest to cooperate with the ICC.”

During an interview with the Israeli daily Haaretz, and in response to the question regarding whether this should concern every officer or soldier who served in the Gaza Strip or the West Bank, Bensouda said that in the event that an investigation is conducted, the policy of investigating and prosecution will be mainly focused on those who hold the most responsibility for committing war crimes. She added that investigations may be carried out and either well-known individuals will be prosecuted, or those in low or middle-ranking positions, as they will work from the bottom to the top to establish a strong case against those responsible for the crimes.

She also added that the investigations team will work with integrity and objectivity and rejects any claims of being biased against Israel.

Bensouda stressed that she will be working in accordance with the Rome Statute, and that the court’s work will be carried out independently and without bias, fear, or partiality. She also noted that her decisions regarding the next steps will be made in accordance with the law and evidence and will disregard all external consideration, and that this is the manner in which the court will work in Palestine or in any other country.

She noted that she is aware of the complications of the ongoing conflict and said that she will insist on applying the Rome Statute independently and impartially. According to Bensouda, political considerations do not play any role in the decision-making process.

According to the chief prosecutor, Palestine and Israel’s cooperation with the court will contribute to it reaching a firm and just decision at the end of the preliminary investigations, and that cooperation will benefit both Israel and Palestine.